Kerala High Court
Saidu Muhammad T vs The Anakkayam Service ... on 1 October, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
Friday, the 1st day of October 2021 / 9th Aswina, 1943
WA NO. 1253 OF 2021
AGAINST JUDGMENT DATED 08.09.2021 IN WP(C) 18289/2021 OF THIS COURT.
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APPELLANT/PETITIONER IN W.P.(C) NO.18289/2021:
SAIDU MUHAMMAD T., S SECRETARY (UNDER SUSPENSION),
ANAKKAYAM SERVICE CO-OPERATIVE BANK LTD. NO.F-880,
RESIDING AT THONDIYAN HOUSE,VATTAPARAMBU,CHAPPANANGADY P.O.,
KOTTAKKAL (VIA),TIRUR,MALAPPURAM DISTRICT,PIN-676 503.
BY ADV.SRI.P.P.JACOB
RESPONDENTS/RESPONDENTS IN W.P.(C)NO.18289/2021:
1.THE ANAKKAYAM SERVICE CO-OPERATIVE BANK LTD. NO.F-880,
ANAKKAYAM,MALAPPURAM-676509,REPRESENTED BY ITS SECRETARY.
2.THE BOARD OF DIRECTORS OF THE ANAKKAYAM SERVICE
CO-OPERATIVE BANK LTD. NO.F-880,ANAKKAYAM,MALAPPURAM-676509,
REPRESENTED BY ITS PRESIDENT.
3.THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (G),
OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (G),
MALAPPURAM DISTRICT, CIVIL STATION, UPHILL, MALAPPURAM-679322.
4.THE INSPECTOR OF POLICE,VIGILANCE AND ANTI-CORRUPTION BUREAU,
KOTTAPPADY, DOWNHILL, MALAPPURAM-676505.
P.T.O.
5.THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY
TO GOVERNMENT, CO-OPERATIVE (C) DEPARTMENT,SECRETARIAT,
THIRUVANANTHAPURAM-695001.
BY SENIOR GOVERNMENT PLEADER FOR R3 TO R5.
Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to stay the operation of Ext.P3 and Ext.P4 enabling the appellant to
continue in the service of the first respondent pending disposal of the
above appeal.
This Writ Appeal coming on for admission on 01.10.2021 upon perusing
the appeal memorandum, the court on the same day passed the following:
P.T.O.
EXT.P2:TRUE PHOTOCOPY OF THE PROCEEDINGS OF THE DISCIPLINARY
COMMITTEE DATED 30.9.20 WITH ENGLISH TRANSLATION.
EXT.P3:TRUE PHOTOCOPY OF THE LETTER DATED 12.8.21
WITH TRANSLATION ISSUED BY THE THIRD RESPONDENT
TO THE SECOND RESPONDENT.
EXT.P4:TRUE PHOTOCOPY OF THE SUSPENSION ORDER
WITH ENGLISH TRANSLATION ISSUED BY THE
SECOND RESPONDENT TO THE PETITIONER.
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ALEXANDER THOMAS & & A.BADHARUDEEN, JJ.
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W.A No.1253 of 2021
(Arising out of the judgment in WP(C) No.18289 of 2021 dated 8-09-2021 of this Court)
=============================
Dated this the 1st day of October, 2021
ORDER
Admit.
2. Issue notice to R1 & R2 by speed-post, returnable within two
weeks. Notices for R3 to R5 have been taken by the learned Senior
Government Pleader.
3. It is urged by Sri.P.P.Jacob, learned counsel appearing for the
appellant in W.A/petitioner in W.P(C) that earlier disciplinary proceedings
are initiated against the petitioner, has culminated in Ext.P2 penalty order
dated 30-09-2020. That, again on the same set of charges which formed on
the basis of Ext.P2 penalty, the respondents have again initiated action
against the petitioner, for which Ext.P3 dated 12-08-2021 has been issued by
the respondent Joint Registrar of Co-operative Societies and consequentially
Ext.P4 proceedings dated 17-08-2021 has been issued by the respondent
Co-operative Society, etc. The respondent Joint Registrar of Co-operative
Societies will immediately furnish instructions to the learned Senior
Government Pleader, as to whether the allegations which formed on the
basis of Exts.P3 & P4 are the one which were considered and culminated in
W.A No.1253 of 2021
one referred to in Ext.P2 penalty order already issued to the petitioner and if
so, as to whether actually in terms of Exts.P3 & P4 are legally justifiable.
The respondent Joint Registrar of Co-operative Societies will file an
affidavit or statement in the matter within two weeks.
List the case after three weeks in the admission list.
H/o
Sd/-
ALEXANDER THOMAS, JUDGE
Sd/-
A.BADHARUDEEN, JUDGE
amk
01-10-2021 /True Copy/ Assistant Registrar
